SaaS

Content writing for this section began with a discussion:

Is Uber a SaaS project?

We decided that there are signs that it is, since this particular unicorn sells services using software. The Uber legal model demonstrates the project's need for first-class legal support. This Internet giant has paved the way for an innovative product in millions of smartphones through court battles and grievances.

Copyrights

is all about intellectual property where the main assets are users and software. Patents and trademarks provide not only for IP protection, but also tax planning, because countries such as the Netherlands, Ireland, Luxembourg or Cyprus offer tax benefits to SaaS companies with valid patents.

The People

Naturally, much depends on your team, since it’s your people who create products and generate sales. All IT firms are governed by the same laws. The owners act in accordance with charters or corporate agreements, CEOs act within the scope of powers granted to them.

Users, markets and payments

Relations with users are governed by the Terms of Use. Payment services ensure the cash flow and banks safekeep funds. But the rules of the game are changing due to the global push against aggressive tax planning. A couple of years ago shell companies were out of the questions and ten years ago tax-free offshores were all the rage. Let’s take a look at the market today - substance is now expected from all companies, IP boxes are going extinct and banks spend months on compliance procedures in order to open a business account.

GDPR, CCPA, ISO, etc.

Control over personal information is no longer the privilege of companies and state authorities - now it’s in the hands of the public as well. However, while almost everyone knows about the GDPR, few people are aware of the California Consumer Privacy Act, or CCPA, which became effective on 1 January 2020. Protection of personal data is now the trend and businesses must comply with data protection laws if they want to stay in the IT market.

Legal culture

The level of skills of Ukrainian software developers rivals that of the West, yet we’re still behind in terms of management, marketing and legal instruments.

Icon.Partners lawyers have studied 8 SaaS projects that have been launched in 2019. Legally speaking, the rights to the code in 7 out of 8 of those belong to the devs, not the founders, which means that the founders have no rights to their own product(s).

We offer to SaaS projects
comprehensive legal
support which includes:

Business structuring: support in registration of foreign companies, drawing up of articles of association, opening bank accounts, connection to payment systems, E-wallets and payment routing services.

Formalization of partnership terms between founders. Strategy sessions.

Support in startup investing, formation of investment agreements and/or convertible note agreements.

Tax advice for global (international) and local companies.

Internet copyright protection, including the protection under the Digital Millennium Copyright Act (DMCA).

Drafting of the contract with your team (with both in-house and remote employees and/or self-employed individuals) and the NDA.

GDPR Compliance to ensure protection of personal data of users from the EU.

CCPA Compliance to ensure protection of personal data of users from the US.

Drafting of the License agreements, Terms of Use and/or Master Subscription Agreements for the purpose of formalization of user-provider relationships.

Registration of patents and trademarks to ensure protection of brands and/or products.

Legal research/analysis of various business models at the request of clients (example: “We’d like to know how Airbnb operates in the US, our company wants to use a similar business model”).